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Patna High Court

Afzal HussainversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioners subject to prescribed conditions.

Summary

The petitioners, Afzal Hussain, Kausher Ali and Sahana Khatoon, feared arrest in a Gopalganj police case (No.330 of 2024) where they were alleged to have stabbed the victim and assaulted her with a brick under IPC sections 341, 323, 324, 307, 504 and 506/34. They pleaded innocence, claiming false implication, and sought anticipatory bail. The State opposed the bail, but the court noted that the injury caused by the third petitioner was simple and the investigation was still ongoing, with a possibility of exoneration. Accordingly, the court granted anticipatory bail until the charge‑sheet is filed, subject to a bail bond of Rs 10,000 with two sureties and conditions under Section 438(2) CrPC/Section 482. The bail may be cancelled if the petitioners fail to cooperate with the investigation, and they may file a fresh application if aggrieved by the charge‑sheet.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners under Section 438 CrPC given the allegations under IPC sections 341, 323, 324, 307, 504 and 506/34 and the status of the investigation.

Legislation cited

Subjects

  • anticipatory bail
  • Indian Penal Code
  • Criminal Procedure Code
  • assault
  • stabbing
  • bail conditions
  • criminal investigation

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.76607 of 2024
                     Arising Out of PS. Case No.-330 Year-2024 Thana- GOPALGANJ TOWN District-
                                                       Gopalganj
                 ======================================================
           1.     Afzal Hussain S/o Akram Miyan Resident of village- Inderwan Sakir, PS-
                  Gopalganj, Distt.- Gopalganj
           2.    Kausher Ali S/o Akram Miyan Resident of village- Inderwan Sakir, PS-
                 Gopalganj, Distt.- Gopalganj
           3.    Sahana Khatoon D/o Akram Miyan Resident of village- Inderwan Sakir, PS-
                 Gopalganj, Distt.- Gopalganj

                                                                                ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Shiv Sager Sharma, Advocate
                 For the Opposite Party/s :      Mr. Raj Ballabh Singh, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

3   09-02-2026                    Heard the learned counsel for the petitioners and learned

                   A.P.P. for the State.

                                 2. The petitioners apprehend arrest in connection with

                   Gopalganj P.S. Case No. 330 of 2024 instituted under Sections 341,

                   323, 324, 307, 504 and 506/34 of the Indian Penal Code.

                                    3. As per prosecution case, the petitioner nos. 1 and 2

                   are alleged to have stabbed the victim whereas petitioner no. 3 is

                   alleged to have assaulted the victim, Taimul Nesa, with a brick.

                                    4. Learned counsel for the petitioners submits that

                   petitioners are innocent and have committed no offence as alleged in

                   the FIR and they have falsely been implicated in this case.

                                    5. The learned A.P.P. for the State opposes the prayer
Patna High Court CR. MISC. No.76607 of 2024(3) dt.09-02-2026
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          for anticipatory bail of the petitioners.

                        6. Considering the fact that the injury caused by the

          petitioner no. 3 have been found to be simple in nature and from

          perusal of the case diary it appears that investigation is continuing

          and the police may submit final form exonerating the petitioners, in

          these circumstances, the petitioners are granted anticipatory bail till

          submission of charge sheet.

                        7. Let the petitioners, above-named, in the event of his

          arrest, be released forthwith on bail, on furnishing a bail bond of Rs.

          10,000/- (Rupees Ten Thousand) with two sureties of the like amount

          each, to the satisfaction of the Arresting Officer or Investigating

          Officer or the jurisdictional S.H.O. concerned, in connection with

          Gopalganj P.S. Case No. 330 of 2024 , subject to the conditions as

          laid down under Section 438 (2) of the Cr.P.C./482 of the B.N.S.S.

          and further to the condition that the petitioners shall join

          investigation and shall fully co-operate in the investigation/trial,

          failing which the concerned court below shall be at liberty to cancel

          the bail bonds of the petitioner.

                        8. Needless to state that, if the petitioners fails to abide by

          the terms and conditions, as stated hereinabove, the State shall be at

          liberty to file an appropriate application, before the learned

          concerned court below, for cancellation of bail granted to the

          petitioner.

                        9.   If the final form/charge sheet is filed and if the
             Patna High Court CR. MISC. No.76607 of 2024(3) dt.09-02-2026
                                                         3/3




                       petitioners are aggrieved by the same then the petitioners have liberty

                       to file a fresh anticipatory bail application.



                                                  (Sandeep Kumar, J)
vashudha/-

U      T


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